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June 7, 2002 9:00 a.m.
Defending Home
Making it a full-time department.

overnment reorganization frequently arises from emergencies or dire need. The advent of the Cold War gave us the Defense Department, the energy crisis gave us the Energy Department, the Education Department gave us the education crisis — OK, sometimes it works backwards. Thursday night the president proposed the formation of the Department of Homeland Security in an effort to rationalize and focus the efforts of the various parts of the government that protect us in one way or another from external attack, and it is a reform long overdue.



  

Since its formation last September, the Homeland Security Office has produced only a website and a somewhat confusing terrorist-warning system (the existing DOD Force Protection Condition system could easily have been adopted with less fanfare and exposure to ridicule). Governor Ridge has come under more than his share of criticism (some of it in NRO), but he was expected to undertake an impossible task — coordinate the efforts of a huge bureaucracy crossing scores of institutional boundaries with an unclear status and no budget. For example, counterterrorism programs exist in the individual budgets of 45 departments and agencies of the federal government. How could the current HSO ever begin to cope? The president's proposal seeks to rectify the situation and restore momentum to the homeland-defense mission.

The government has been trying to figure out a way to deal with the problem of securing the homeland for some time. In the Clinton years the disparate security functions were run out of the National Security Council, which was symptomatic of the expansion of the powers of that organization in the 1990s that has since been reversed under President Bush. The NSC was a convenient vehicle for President Clinton, since it was easy to maintain a funding stream and he could micromanage the process to his heart's content without Congress sticking its nose in. This system was initiated after the 1995 Oklahoma City bombing and was ultimately institutionalized in 1998 in Presidential Decision Directives 62 and 63 (dealing with terrorism and "critical infrastructure protection" respectively). An Inter-Agency Working Group (IAWG) structure was set up that included representatives from DOD, CIA, State, HHS, DOE, DOJ, and other agencies with homeland-defense portfolios.

The IAWGs worked in ten separate areas, such as counterterrorism, cyber war, protection of Americans overseas, chem.-bio incident response, and so forth. However, the relevant agencies varied in their degree of support for the process, and the June 2000 National Commission on Terrorism report, "Countering the Changing Threat of International Terrorism" found the approach to be inadequate. This report is worth reading — unlike the recently much-quoted Library of Congress report, "The Sociology and Psychology of Terrorism," this was a congressionally mandated bipartisan study undertaken specifically to "recommend changes to counterterrorism policy in preventing and punishing international terrorism directed toward the United States."
The commission came to a number of revealing conclusions, such as:

The Federal Bureau of Investigation (FBI), which is responsible for investigating terrorism in the United States, also suffers from bureaucratic and cultural obstacles to obtaining terrorism information.

The Department of Justice applies the statute governing electronic surveillance and physical searches of international terrorists in a cumbersome and overly cautious manner.

The risk of personal liability arising from actions taken in an official capacity discourages law enforcement and intelligence personnel from taking bold actions to combat terrorism.

See, and you thought Coleen Rowley was the only one who knew those things. Congress can and probably will showboat these issues during its hearings; politicians are good at the camera-ready expression of indignation. Yet, people in the intelligence community and in Congress knew about these problems long before 9/11 clarified their practical consequences.

However, back in June of 2000, there was no incentive to fix them and certainly insufficient leadership to get the job done. The prior homeland-defense sensibility was encapsulated in the then-vogue expression "consequence management" — a phrase reactive, passive, bureaucratic, which replaced the more dynamic "crisis response." Nuclear-terror attack, no big deal, just a matter of managing consequences. Sounds like cleaning up after your dog has an accident.

With respect to the timing of the proposal, President Bush may have been trying to get ahead of the Congress, and Sen. Joseph Lieberman (D., Conn.) has claimed some credit for moving the administration in this direction. On May 22 Lieberman's Senate Government Affairs Committee reported favorably S.2452, which proposes the establishment of a Department of National Homeland Security with almost identical powers to the president's proposed department. (One is struck by the clumsiness of the name — "national" as opposed to "international" homeland security? Isn't it clear when we say "homeland" we do not mean any other homeland but ours?) Of course, the Hart-Rudman Commission recommended the formation of a Homeland Security Agency with very similar powers in February 2001, so the idea was not solely a product of 9/11 or the senator's committee. As John J. Miller points out, creating a Homeland Defense Department may expose Gov. Ridge and the administration generally to various types of political maneuvers, particularly during the confirmation process. One early critic is Sen. Edward Kennedy (D., Mass.), who said of the proposed reorganization, "The question is whether shifting the deck chairs on the Titanic is the way to go." This statement raises interesting questions, such as why does the senator think the ship of state is sinking, and what is his opinion of Sen. Lieberman's deck-chair reorganization plan? Nevertheless, attempts by the Democrats to seek political gain through criticizing the war effort have heretofore come to naught, and one would expect that they would score few points with the public by watering down or otherwise seeking to manipulate this necessary reform.

Beyond the efficiencies of coordinating essential agencies and programs, the new department will serve an important motivational function. Placing the separate homeland-security-related agencies under one roof and reorienting them towards a common purpose is certain to have beneficial morale effects that cannot be summarized on spreadsheets or reflected in wiring diagrams. In addition, the very existence of the department will raise and maintain public and institutional awareness — it will serve as a constant reminder that the threat to our domestic security is real. This more than anything was the root of the intelligence failure in the days, weeks, and months leading up to 9/11, the unwillingness or inability of key segments of the bureaucracy to take the issue seriously. Now we will have 169,000 people for whom taking homeland defense seriously will be a full-time job.

James S. Robbins is a national-security analyst & NRO contributor.

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Behind Covers

Read Jim Robbins's chapter, "Bin Laden's War," in this new collection: Terrorism and Counter-Terrorism
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